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Causing Death by Careless or Inconsiderate Driving |
Causing Death by Careless or Inconsiderate DrivingThe offence of causing death by careless driving is a relatively new offence which was introduced by the Road Safety Act 2006. 0161 6606 183
The definition of the offence is “causing death by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place.” As with any other careless driving allegation, the prosecution have to show that you were at fault by proving that the standard of your driving departed from the standard of a reasonable prudent driver in all the circumstances of the case. In addition, as with a death by dangerous driving allegation, they must prove that the person’s death was caused by the manner of your driving. This does not have to be the only cause of death, if it is a cause of death, then this would be sufficient for the Judge to direct the jury to convict you. This type of offence could be dealt with in either the Magistrates’ Court or the Crown Court depending on the seriousness of the case. If convicted, the Court could impose a custodial sentence of up to five years in the Crown Court or up to 6 months in the Magistrates’ Court. There is also a mandatory disqualification from driving of a minimum of 12 months. There are also more serious offences if you were uninsured, unlicensed, driving whilst disqualified or under the influence of drink or drugs at the time of the offence. Therefore it is important to get expert legal advice if you are charged with causing death by careless driving. |
